Date:
09/15/2022
Subject:
Ernie Abell/Arispe City Council - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Ernie Abell, Complainant And Concerning: Arispe City Council, Respondent |
Case Number: 22FC:0078
Dismissal Order
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COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
Ernie Abell filed formal complaint 22FC:0078 on August 18, 2022, alleging that the Arispe City Council (Council) violated Iowa Code chapter 21 at a meeting on August 8, 2022., by failing to provide 24-hour notice of certain agenda items when the Council amended the agenda just prior to the meeting.
Mr. Abell also alleged that on that date, the mayor pro tem engaged in conversations with Council members prior to the start of the meeting.1 He provided a recording of the Council prior to the start of the meeting.
Legal counsel for the Council responded to the complaint on August 19, 2022. She stated that her co-counsel was present ten minutes prior to the start of the meeting and did not observe any discussion of city business. She noted that legal counsel asked the Council to amend the agenda to include the topics of accepting the resignation of the city clerk, advertising for the open position, and certain bank account action.
She added:
The Mayor Pro Tem, Mike Rollings, contacted me prior to the meeting to discuss the proper way to go about addressing these issues. I advised Mr. Rollings that these issues were emergent in nature and should be addressed at that night's council meeting after properly amending the agenda prior to approving the agenda. Under my advice, the council did approve the amending of the agenda before adopting the agenda in order to address the City Clerk's resignation and advertise for the position. It should be noted that this information does not need approval by the council but in the effort for the City Council to be as transparent as possible with the public, they addressed this as quickly as possible after being notified that the Clerk was resigning.
Addressing the bank information was old business that the City thought was taken care of, but that day had learned that the bank needed some additional information and action to make sure the accounts had the correct authorizations. Without this information, the City could not sign checks. That matter was tabled at that meeting and then addressed at a subsequent special meeting which was held for that purpose because it needed to be addressed immediately upon advice of the State Auditor.
Iowa Code section 21.4(2)(a) requires notice of a meeting be given “at least twenty-hours prior to the commencement of any meeting of a governmental body unless for good cause such notice is impossible or impractical, in which case as much notice as is reasonably possible shall be given.”
If such notice cannot be given, then Iowa Code section 21.4(2)(b) provides guidance:
b. When it is necessary to hold a meeting on less than twenty-four hours’ notice, or at a place that is not reasonably accessible to the public, or at a time that is not reasonably convenient to the public, the nature of the good cause justifying that departure from the normal requirements shall be stated in the minutes.
If it is necessary to hold a meeting with less than 24-hours, Iowa Code requires that the “good cause” justifying such action be stated in the minutes. This is what the Council should have been advised to do to comply with Chapter 21.
Since the agenda item concerning the clerk vacancy did not need to be formally addressed by the Council, that could have been announced during the meeting and did not need to be on the agenda. The agenda item concerning the bank authorization was tabled and properly noticed to a later meeting. Any irregularities at the August 8, 2022, meeting were harmless errors.
IPIB staff reviewed the audio recording provided by Mr. Abell and determined that the conversations prior to the meeting appeared ministerial in nature and no deliberation or action occurred.
Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and could have merit before the IPIB accepts a complaint. This complaint does not meet the necessary requirements for acceptance.
IT IS SO ORDERED: Formal complaint 22FC:0073 is dismissed as harmless error and legally insufficient pursuant to Iowa Code section 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b).
Pursuant to Iowa Administrative Rule 497-2.1(3), the IPIB may “delegate acceptance or dismissal of a complaint to the executive director, subject to review by the board.” The IPIB will review this Order on September 15, 2022. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
By the IPIB Executive Director
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Margaret E. Johnson
1. Mr. Abell also alleged that the Council is violating Iowa Code chapter 21 by not having an official number for the City of Arispe. This is not a violation of Iowa Code chapter 21.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of September, 2022, to:
Ernie Abell
Meggen Weeks, legal counsel for the City of Arispe